You Should Know: Oversharing Online Can Cost You

More than Half of Americans Admit Social Media Remorse

Average Daily Screen Time Nine Hours

The average adult now spends more than nine hours per day consuming media via screen, including smartphone, television, gaming or e-books. Twenty percent of that time is dedicated to social media. As too many of us have found out the hard way, all this time online can come with a price. As we click, scroll and post into 2017, protect yourself and your kids from these social media pitfalls. 

HEED THE TOP SEVEN WAYS USING SOCIAL MEDIA CAN GET YOU FIRED

More employers are looking at social media to screen potential candidates and monitor employees. Over 90 percent of employers use social media for recruiting, and three in four hiring managers check candidates' social profiles before an interview. Maintaining a professional social media profile for your chosen career can help you get that dream job as well as keep it. Twenty-eight percent of employers have fired workers because they spent too much work time on social media, and 18 percent because of an offensive post. 

Here are the top seven social media no-no’s for employees:

1. Make racist, sexist or other offensive comments
2. Complain about your job or your clients
3. Share confidential information
4. Post something inappropriate on company social media
5. Use personal social media when you should be working
6. Post drunk photos from work gatherings
7. Broadcast your job search

Excess Screen Time Equals Health Issues

Screen time, whether in front of a computer, tablet or smartphone, can contribute to health issues in adults and children alike. Many hours spent in front of screens are causing an increase in headaches, dry eyes, blurred vision and eye strain.

Staring at a smartphone also creates what doctors call “text neck.” As a person bends their neck to look down at a phone, the added weight causes pressure, pain and strain. Here are some ways to keep your screen time (and your children’s) in check and your body healthy:

1. Schedule children for regular eye exams.
2. Take frequent breaks.
3. Adjust for proper alignment. A digital screen should be centered and positioned about 4 to 5 inches below eye level and 20 to 28 inches from the center of the screen to the eyes (for an adult), 18 to 26 inches for a child.
4. Use anti-glare screens or position screens to avoid glare.
5. LCD and high-res screens are easier on the eyes. Screen brightness should be adjusted to fit the surroundings.
6. Blink frequently to keep your eyes moist.

Parents can visit the American Academy of Pediatrics for guidance on how to balance lifestyle with digital media and create a personalized family plan.

When Social Media Turns Anti-Social

Over half of Americans regret something they've posted online.

Many people can navigate a healthy social media presence with intelligence and sense, but some are struggling to stay connected while staying safe. Kids are more likely to share personal details without thinking about the consequences, and connect with strangers who may be predatory. Recently, anonymous messaging apps like Kik have come under fire for allowing minors to message with strangers without alerting parents. Check out the Federal Trade Commission (FTC) OnGuard Online website for free online security tips and resources. 

Finally, the most important way to protect your kids from unsafe online behavior is to keep the lines of face-to-face communication open. Talk to them about the potential dangers and encourage them to speak to you if they ever feel unsafe online. As reliance on screens increases, so will the need for honest, IRL (your teen will tell you that means "in real life") conversations about what can or should be shared.

This article appeared in our January 2017 "You Should Know" e-newsletter.

Be Careful Because You Never Know Who’s Looking

It only took one unfortunate occurrence for us to realize that we had to caution our clients about the impact social media can have on their cases. Defense attorneys had gone onto a client’s Facebook page and found some damaging photographs and comments that negatively impacted his case and which they used during our client’s deposition. Since then we have been very careful to discuss the use of social media with our new clients. This is what we advise our clients regarding the use of social media during the life of their case:

YOUR SOCIAL MEDIA CAN BE USED AGAINST YOU TO NEGATIVELY IMPACT YOUR CASE. INSURANCE COMPANIES AND DEFENSE COUNSEL WILL SEARCH FOR YOU ON THE WEB. SO BE VERY CAREFUL AND READ ALL OF THE INSTRUCTIONS BELOW. 

UNTIL YOUR CASE IS COMPLETELY RESOLVED: 

1. DO NOT accept future friend requests from any person you do not personally know.  Insurance companies, their attorneys and private investigators who work for them may try to gain access to your social media web sites in order to obtain information that can be used to defeat or damage your case.
2. YOU MUST tell your attorneys and support personnel at Crabtree, Carpenter & Connolly about your past or a current use of Facebook, LinkedIn, Caring Bridge, MySpace, Twitter, Instagram, Vine, or any other social media websites. 
3. Tell us the names of any and all social media websites, blogs, or other online media to which you regularly post or update.
4. If you use Facebook, LinkedIn, Caring Bridge, MySpace, Twitter, Instagram, Vine, or any other social media, you should IMMEDIATELY reset your profiles to the highest possible privacy settings.
5. DO NOT post anything about your claim, your case, or your injuries on any social media web site or blog. 
6. DO NOT post anything that you would not want a judge or juror in your case to see.
7. DO NOT delete information about your case or your injuries that you already have posted as this can be discovered—but do not make any further similar postings. 
8. If you have posted something about your claim, your injuries, or the incident that caused your injuries, YOU MUST tell us about it at once.

In the future you must BE VERY CAREFUL not to place any information about your claim, your injuries, or your lawsuit on the web in any manner because that information is subject to being discovered, and the information might be used to damage your case.

Guy W. Crabtree is a partner with Crabtree, Carpenter & Connolly, PLLC, in Durham, NC.

You Should Know: Top Safety and Justice Stories of 2016

Are you making all those lists and checking them twice? Gifts? Holiday cards? Party invitations? New Year’s resolutions? Well, here’s one more for you courtesy of the American civil justice system: safer products and services.

This past year we’ve been following several stories of dangerous products or unfair practices that threaten the health, safety and legal rights of all Americans. Think exploding batteries, lead-laced drinking water, forced arbitration or faulty medical devices, for example. 

But thanks to the courage of citizens like you and the power of the civil justice system, we are holding accountable many of those who put profit over public well-being. And that’s a list we can all be proud of, as these stories so richly illustrate.

1. Faulty Medical Devices: Recalls Double

According the the FDA, medical device recalls doubled from 2003 to 2012, and new data shows that the numbers keep climbing. While the FDA approves medical devices before release, they do not do any testing and instead rely on the manufacturers to provide accurate and comprehensive testing data.

Two St. Jude Medical defibrillators recalled due to battery defects.

Two examples of faulty medical devices now on the market include the Essure birth control coil and the St. Jude defibrillator. The FDA has received over 10,000 complaints from women suffering painful side effects due to the Essure birth control device. Countless lawsuits against Essure’s manufacturer, Bayer, have sprung up across the country. Rep. Mike Fitzpatrick (R-PA) has since introduced a bill to pull Essure off the market. Meanwhile, more than 400,000 defibrillation devices made by St. Jude Medical were the subject of a recent recall due to a faulty battery. To learn more about medical device recalls, click here.

2. Forced Arbitration: Sign a Contract, Lose Your Rights

There’s always a holiday gift year that’s a dud. Maybe you’ve received an ugly sweater three times too big or a candle that smells so terrible it gives you a headache. Unfortunately, many corporations are now giving you those ugly sweaters (and forcing you to wear them), hiding “forced arbitration” clauses in consumer and employment contracts.

This loophole prohibits Americans from taking companies to court and instead forces them into secretive arbitrations, which are typically stacked in favor of the company. An investigation by The New York Times has focused renewed scrutiny on the harm caused by forced arbitrations in claims of medical malpractice, sexual harassment, hate crimes, discrimination, theft, fraud, elder abuse and wrongful death. You can join others in petitioning Congress to ban forced arbitration right here.

3. Flint, Michigan: Lead in Water Sickens Thousands

Lead found in the Flint water supply has poisoned thousands, including 27,000 children.

Residents of Flint, Michigan, were exposed to dangerous levels of lead in their drinking water ever since a decision was made to switch the source of the city water supply from Lake Huron to the Flint River.

Dr. Mona Hanna-Attisha, a young pediatrician known affectionately in Flint as Dr. Mona, discovered the problem when she noted an increase in the symptoms of lead poisoning in her young patients. Knowing that it was her moral and ethical duty to share her discovery with the public as soon as possible, Dr. Mona held a press conference. Michigan officials and lawmakers denounced her findings at first, only to relent when Dr. Mona wouldn’t back down. Dr. Mona continues to lead the recovery efforts.

4. Concussions and Brain Disease: NFL Settles Lawsuit

If you’re a movie fan, you probably saw the film Concussion, starring Will Smith. This movie is based on the true story of Dr. Bennet Omalu and his discovery of chronic traumatic encephalopathy in NFL players. CTE is a disease of the brain tissue and is caused by repetitive brain trauma. CTE is associated with dementia, aggression, memory loss and depression.

Subsequent research has prompted athletic organizations to make concussion prevention and recovery a priority. This includes many “When in Doubt, Sit Them Out” laws, which mandate that any youth athlete suspected of suffering a concussion be cleared by a medical professional before returning to practice or competition. Earlier this year an appeals court upheld a settlement by the NFL with former players, setting aside almost $1 billion for medical care due to repeated head trauma. Since this lawsuit, head injuries have decreased for NFL athletes.

5. Asbestos: Still a Widespread Hazard

Asbestos may seem like a thing of the past, but any building built in the United States before 1981 is presumed to contain asbestos. And in fact, asbestos-related diseases still kill about 15,000 Americans a year. Even though asbestos is known to be extremely dangerous, the substance has not been banned in the United States. President Obama recently signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, a bipartisan bill that strengthens ways to regulate and restrict chemical substances. Because of this bill, the EPA can officially work to ban asbestos in the U.S. 

6. Exploding Devices: Faulty Lithium-Ion Batteries

Over 1 million Samsung Galaxy Note 7 phones have been recalled due to defective and explosive batteries.

From e-cigarettes to hoverboards to smartphones, reports continue of everyday devices posing an unsafe explosion hazard. The culprit is lithium-ion batteries, which include unstable and flammable liquids. When improperly made devices include these batteries, the liquid can overheat and burst through the battery, igniting the device itself. These explosions have caused burns as well as property damage from subsequent fires. The Consumer Product Safety Commission (CPSC) recently issued a recall of all 1 million Samsung Galaxy Note 7 phones, including replacement models thought to fix the problem. 

7. Prescription Drug Addiction: A National Epidemic

Prescription opiate deaths have quadrupled since 1999, killing an estimated 165,000 Americans. During the same time period, profits recorded by the drug companies that manufacture prescription painkillers have also skyrocketed. Meanwhile, a coalition of opioid manufacturers and their lobbyists have fought legislative measures introduced to stem the tide of overdose deaths.

8. Dangerous Toys: Still on Store Shelves

Nearly 260,000 kids visit emergency rooms each year for toy-related injuries, according to the CPSC. And sadly, 11 children under the age of 15 died while playing with toys in 2015. [Download report] The most common injuries include poisoning, choking, ingesting magnets or falling from riding toys. While regulators, safety advocates and the parents of injured children have succeeded in ridding store shelves of many unsafe toys, too many still get through. Learn more.

This article appeared in our December 2016 "You Should Know" e-newsletter.

NC Legislature Wants to Pack the Supreme Court

Dear Friends:

For more than 100 years, North Carolina citizens have exercised their right under our constitution to elect justices to the state Supreme Court. On November 8, voters elected Judge Mike Morgan to the Court by a 54-46 margin – a difference of nearly 350,000 votes.

Last Friday Governor McCrory announced a special legislative session beginning on December 13. Although the stated purpose is to help victims of Hurricane Matthew and the wildfires in western North Carolina, it has been widely reported that legislative leaders intend to use the special session to pack the Supreme Court. Seeking to insulate its laws from impartial judicial review, the legislature would add two seats to the Court, to be filled by Governor McCrory in his final days in office.

Under Article IV, Section 6(1) of the North Carolina Constitution, the General Assembly may increase the number of justices from seven to nine. The sole purpose of that constitutional provision, adopted in 1962, was to provide for additional justices if the workload of the Court became too onerous.
 
In the past, the legislature has only added seats to the appellate courts when the workload demanded it. The workload of the current Court cannot justify its expansion. In 2015 and 2016, Supreme Court justices have written an average of six opinions per justice per year. By contrast, each judge on the Court of Appeals writes more than 100 opinions per year. And in the 1950s, when Article IV, Section 6(1) was proposed, each Supreme Court justice averaged writing 50 opinions per year.

We strongly support Chief Justice Martin’s call for additional funding for our judicial system, but oppose using those scarce funds to add unnecessary positions to the Supreme Court. If hundreds of thousands of additional budget dollars are available, they should go to overburdened trial courts, family courts, prosecutors and victim-witness assistants, indigent defense lawyers, clerks, probation officers, and technology improvements.
 
Expansion of the Court should occur only after a joint request by the Chief Justice and the Administrative Office of the Courts based on solid empirical data, followed by committee hearings and debate, not rushed through a special session that was convened to help victims of natural disasters.

If the General Assembly packs the Court, it will seize control of the judiciary, undermining the system of checks and balances that is essential to our democracy. The citizens of North Carolina deserve a Supreme Court that will exercise judicial independence, not one that will rubber stamp unconstitutional legislation.

What can you do?

1. Contact your legislators and ask for their commitment to oppose any court-packing bill.
2. Contact Governor McCrory’s office.  You can call Gov. McCrory’s office at 919-814-2050.  If you do this, choose option to talk to someone instead of leaving a message.  You can also email the Governor. When you contact the Governor’s office, ask him to declare that he will veto any court-packing bill. 
3. Forward this message to your friends and family.

Your voice matters. If the people speak up between now and December 13, the court-packing plan will never see the light of day.

Guy W. Crabtree is a partner with Crabtree, Carpenter & Connolly, PLLC, in Durham, NC.

You Should Know: Tips for Food-Safe Holidays

Each year, 48 million people fall sick from foodborne illnesses. Of those, 128,000 are hospitalized and 3,000 die. One in six Americans could get food poisoning this year alone.

Food Safety and the Civil Justice System, a recently published landmark study by the American Association for Justice, traces a growing number of serious foodborne illnesses to questionable practices by some large factory farms [download report]. Overcrowding and unsanitary conditions increase the chances of bacterial contamination entering the food supply. Overuse of pharmaceuticals and chemicals to prevent disease in livestock and produce have also been associated with the rise in “super bugs,” bacteria that become resistant to antibiotics. Diseased livestock, improperly handled produce and poor government oversight all add to the problem.

Contamination at this level won’t be prevented without the help of improved government oversight and a robust civil justice system that continues to hold wrongdoers accountable. You can, however, lessen the chances of food poisoning in your home as follows:

Clean, Separate, Cook, Chill

While preparing any meal, remember these four steps from the Centers for Disease Control (CDC) to keep bacteria away from food, utensils and yourself.

1. Wash: Clean hands and surfaces often. Illness-causing bacteria can collect on hands, utensils and surface areas. Also wash fruits and vegetables, but not meats.
2. Separate: Don’t cross-contaminate foods. Raw meat, poultry, seafood and eggs can still spread harmful bacteria to ready-to-eat items if they aren’t kept separate. Use one cutting board for fresh produce and another for raw meat, poultry and seafood.
3. Cook: Use a food thermometer to measure the internal temperature of cooked foods. Check temperatures in several places to make sure that meat, poultry, seafood, eggs (or dishes containing eggs) are cooked to safe minimum internal temperatures as shown in the Safe Cooking Temperatures Chart.
4. Chill: Illness-causing bacteria can grow in perishable foods in just two hours. Refrigerate foods promptly and properly, and throw out food before it begins to spoil.

Tips for On-Time Turkey Time

Is your Thanksgiving often interrupted by multiple trips to the grocery store, or worse yet, a bird that isn’t done when guests are ready to eat? What about sorting out all those leftovers? Well, then you should check out this handy guide from FoodSafety.gov with tips on how to streamline your schedule – from shopping to preparation to cooking to storing leftovers – and ensure a safe, delicious Thanksgiving dinner at your home.

The United States of Thanksgiving

The turkey is safely prepped and the kitchen is sparkling clean. What next? The New York Times recently investigated something that all Americans can agree on – Thanksgiving dinner! Here are 52 recipes representing each state as well as D.C. and Puerto Rico. See what neighbors are cooking, or find a dish for guests traveling from afar. You might even add a new favorite to your annual feast.

 This article appeared in our November 2016 "You Should Know" e-newsletter.

Crabtree, Carpenter & Connolly Announce Firm Recognitions

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Durham law firm Crabtree, Carpenter, & Connolly, PLLC is honored by the recent firm recognition our lawyers have received from our peers and the business community. 

CCC has been named a Tier 1 firm in the Research Triangle area for Personal Injury Litigation – Plaintiffs, by US News and World Report and Best Lawyers® “Best Law Firms” for 2017. Best Lawyers is the oldest and most respected peer-review publication in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor. 

Crabtree, Carpenter & Connolly, PLLC provides innovative and effective legal representation to injured individuals as trial lawyers in personal injury and wrongful death cases involving automobile accidents and medical malpractice. They are also trial lawyers who represent families and provide legal expertise to individuals and companies in commercial and business disputes, and to property owners whose property has been contaminated by toxic chemicals in their groundwater.